Legal Question in Personal Injury in Florida

I was sitting at a local bar when one of their employees that was drunk, but not working at the time, pulled my chair out from underneath me (he thought it would be funny, no malicious intent). I fell back and broke my wrist. Would the employee and the bar both be liable?


Asked on 8/16/12, 7:49 am

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

I think the bar may be responsible for negligence, especially if they knew of any propensity the non working employee had for tomfoolery. Also since he was drunk they were on notice of erratic behavior potential. They should have kicked him to the curb. As for the person, i think he is responsible as well but without insurance coverage no one will handle that case.

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Answered on 8/16/12, 9:10 am
David Burns David H. Burns, P. A.

The person who pulled the chair out from under you would be personally liable and if that person has home-owners insurance, renters insurance or some other form of personal liability insurance (auto insurance would not apply), then there may be coverage. If no insurance, the person is still personally liable, but it may be difficult to collect on a judgment. If the person was not in the course and scope of his employment at the time, the bar would not be liable for his off-duty conduct.

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Answered on 8/20/12, 9:28 am


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